Even though the trial court’s findings mirror those in the petition, there are enough findings which are supported by the evidence to uphold the trial court’s adjudication of “Jason” as neglected and dependent. Because we are confident that the trial ...

Tagged with: Domestic Relations

In adjudicating newborn “Grace” neglected, the trial court properly declined to consider the respondent-parents’ post-petition completion of a parenting class, given that this was a discrete event. However, the court properly considered post-petition evidence of ongoing circumstances like the parents’ ...

Tagged with: Domestic Relations

Where plaintiff alleged that she was a North Carolina resident, that the parties had a personal relationship, and that defendant choked her, the trial court should not have granted defendant’s motion to dismiss under N.C. R. Civ. P. 12(b)(6). The ...

Tagged with: Domestic Relations

Where the trial court’s unchallenged findings show that the plaintiff-Father was passionate about and involved with the children’s education while the defendant-Mother was not, these findings and the children’s established familial and academic care in Surry County support the assignment ...

Tagged with: Domestic Relations

The permanent plan in this case originally had a primary objective of reunification and a secondary objective of placement with an approved caregiver. However, after the respondent-Mother’s children had been thriving in the care of their paternal aunt and uncle ...

Tagged with: Domestic Relations

Although the trial court adopted a permanent plan of guardianship with “A.M.L.’s” paternal grandparents, the trial court did not err by setting a future permanency planning hearing. The respondent-parents argue that the trial court’s scheduling of a future permanency planning ...

Tagged with: Domestic Relations

Minor child “Kaitlyn” moved from North Carolina to Texas with her defendant-mother in March 2020. Although Kaitlyn visited with her plaintiff-grandmother and her godparents in North Carolina for three summer months in 2020, this absence from Texas was temporary. Furthermore, ...

Tagged with: Domestic Relations

The parties’ separation agreement required the defendant-Husband to make monthly payments of $1,550.60 to the plaintiff-Wife from March 2006 to March 2026. Although Husband stopped making such payments sometime before 2009, Wife’s February 2019 claim for breach of contract was ...

Tagged with: Domestic Relations

The undisputed record shows that the respondent-mother was aware that “Ellie” was removed from her care because of Ellie’s failure to thrive, missing doctor’s appointments and being late for surgeries. Thus, even if the trial court never explicitly ordered respondent ...

Tagged with: Domestic Relations

After the respondent-mother failed to appear at the hearing on DSS’s petition to terminate her parental rights, and after the trial court denied respondent’s counsel’s motion to continue the hearing for a second time, the trial court allowed counsel’s motion ...

Tagged with: Domestic Relations